Understanding and Navigating DACA: A Comprehensive Guide
DACA, or Deferred Action for Childhood Arrivals, is a program established by the Obama administration in 2012 to provide temporary relief from deportation and work permits to undocumented immigrants who arrived in the U.S. as children. If you or someone you know is considering applying for DACA, understanding the program's intricacies and recent developments is crucial. This guide will walk you through what DACA is, who is eligible, the application process, and recent changes to the program.
What is DACA and Who is Eligible?
DACA is a form of administrative relief from the U.S. Citizenship and Immigration Services (USCIS). It does not provide lawful status, but it allows eligible individuals to live and work in the U.S. temporarily, without fear of deportation. To be eligible for DACA, you must meet the following criteria:
- Arrived in the U.S. before your 16th birthday
- Continuously resided in the U.S. since June 15, 2007
- Physically present in the U.S. on June 15, 2012, and at the time of applying
- Entered without inspection (EWI) before June 15, 2012, or your lawful immigration status expired before June 15, 2012
- Under 31 years old as of June 15, 2012, or any previous DACA grant date
- Completed high school or obtained a GED, or are currently in school
- Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors
The DACA Application Process
To apply for DACA, you must submit Form I-821D (Consideration of Deferred Action for Childhood Arrivals) along with other required documents to USCIS. The current fee for the application is $495, which includes the cost of fingerprints and background checks. It's essential to gather all necessary documents and ensure your application is complete before submitting it to USCIS.
Required Documents
| Document | Purpose |
|---|---|
| Form I-821D | Application for DACA |
| Form I-765 | Application for Employment Authorization |
| Form I-765WS | Worksheet for calculating the fee for Form I-765 |
| Two passport-style photographs | For biometric purposes |
| Copy of identification document | Such as a passport or driver's license |
| Evidence of continuous residence in the U.S. | Such as school records, employment records, or medical records |
| Evidence of financial support | Such as tax returns or employment records |
Recent Changes to the DACA Program
In recent years, there have been several changes to the DACA program. In 2017, the Trump administration announced its intention to phase out the program, but federal courts have since ruled that the administration's attempt to rescind DACA was unlawful. As a result, USCIS continues to accept new DACA applications and renewals, but the program's future remains uncertain. It's essential to stay informed about recent developments and consult with an immigration attorney for personalized advice.
How an Immigration Attorney Can Help
Navigating the DACA application process can be complex and overwhelming. An experienced immigration attorney can help you understand your eligibility, gather the necessary documents, and complete the application accurately. They can also provide guidance on recent changes to the program and help you prepare for potential future developments. Working with an immigration attorney can significantly increase your chances of success and provide peace of mind throughout the process.
In conclusion, understanding what to do about DACA involves familiarizing yourself with the program's requirements, staying informed about recent changes, and seeking professional help when needed. By doing so, you can make an informed decision about your future and take steps towards achieving your goals.
